Patna High CourtCR. MISC./73425/2019bail granted

Najara Hussain v. The State Of Bihar

2019-11-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73425 of 2019 Arising Out of PS. Case No.-210 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== NAJARA HUSSAIN, aged about 24 years, Male, Son of Md. Julfakar, Resident of Nauranga P.S.-Azamnagar, District-Katihar. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sanjeev Kumar Singh, Advocate.

For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 461 and 380 of the IPC. The prosecution story, in brief, is that on 17.08.2019 at about 10.30 O'clock, the informant went to his house after closing his shop. On next day i.e. on 18.09.2019, the informant came to open his shop then he saw that all the locks of his shop was broken and the door of shop was open and the costlies articles stabilizer and cosmetics was found missing the value of the articles were Rs. 1,25,000/-. He is sure that some unknown persons theft all the articles from his shop. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.73425 of 2019(2) dt.27-11-2019 2/2 06.09.2019. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. No theft property is alleged to have been recovered from possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of secret information. The offence is triable by the Magistrate. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Katihar, in connection with Azamnagar P.S. Case No. 210 of 2019.

(Sudhir Singh, J) U.K./- U T